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STATE v. FEARS

No. 73200.

803 S.W.2d 605 (1991)

STATE of Missouri, Plaintiff-Respondent, v. Roger Lee FEARS, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

February 7, 1991.

Attorney(s) appearing for the Case

Ronald D. White, Joseph W. Rigler, J. Max Price, Rolla, for defendant-appellant.

William L. Webster, Atty. Gen., Frank A. Jung, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

HIGGINS, Judge.

Roger Lee Fears, charged with murder in the second degree, § 565.021, RSMo 1986, was convicted by a jury of voluntary manslaughter, § 565.023, RSMo 1986. The jury assessed punishment at imprisonment for a term of twelve years; the court entered judgment accordingly. Fears challenges the sufficiency of evidence to support his conviction and questions the trial court's appointment of the prosecuting attorney from a neighboring county as a special...

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